Joshua Siegel

Cooley defeated an appeal in the US Court of Appeals for the Fourth Circuit, affirming a jury verdict finding white nationalist leaders and organizations liable to plaintiffs for egregious and hateful conduct at the 2017 “Unite the Right” rally in Charlottesville, Virginia. The Cooley pro bono team was led Alan Levine and David Mills.

Cooley advised Yardi Systems, a large software corporation with offices worldwide, in connection with WeWork’s emergence from Chapter 11 and completion of WeWork’s global operational and financial restructuring.

Cooley has been representing the Official Committee of Unsecured Creditors of Mallinckrodt during Mallinckrodt’s ongoing bankruptcy proceedings, in which the pharmaceutical company’s Chapter 11 plan of reorganization was recently confirmed after a contentious multiweek trial, marking a defining moment in the case. Cooley partners Cullen Speckhart, Ian Shapiro, Philip Bowman, Michael Klein, Cathy Hershcopf and Jonathan Kim led the team advising the Official Committee of Unsecured Creditors.

Nine plaintiffs, who were victims of a coordinated attack by white supremacists during the “Unite the Right” rally in Charlottesville, Virginia in August 2017, won a historic victory in the landmark federal lawsuit Sines v. Kessler. A Cooley team led by Alan Levine, David Mills and Bob Cahill acted pro bono on behalf of the plaintiffs alongside Kaplan Hecker & Fink, Paul, Weiss, Rifkind, Wharton & Garrison, and Woods Rogers.

Cooley obtained a complete victory for client Patheon, a defendant in a three-year $380 million antitrust case brought by Procaps in the United States District Court in Miami.

Patheon is a leading global provider of outsourced pharmaceutical development and manufacturing services. Procaps is a Colombia-based corporation that develops, manufactures and commercializes pharmaceutical products, veterinary, nutritional supplements and cosmetics.

In January 2012, Patheon and Procaps signed a seven-year collaboration agreement to provide softgel development and manufacturing services to customers worldwide. In December 2012, Patheon announced its intention to acquire Banner Pharmacaps, a leading softgel manufacturer. Procaps sued Patheon, seeking to enjoin the acquisition on the grounds that it would convert the collaboration agreement into an illegal market division and was, therefore, a "per se" violation of US antitrust laws.

After Cooley stopped Procaps' effort to block the acquisition, the company proceeded with the litigation, demanding more than $380 million in damages and equitable relief, including divestiture of Banner Pharmacaps and the return of confidential information.

During discovery, Patheon uncovered that Procaps failed to issue a litigation hold and otherwise failed to preserve potentially relevant evidence or satisfy its eDiscovery obligations. Thus, on Patheon's motion, the court ordered a full forensic analysis of Procaps' computer systems. Over the following year and half, Procaps supplemented its original production with 150,000 documents.

In 2014, Cooley won summary judgment on all claims for Patheon, after which the court allowed Procaps to amend its complaint to add a new antitrust claim under the "rule of reason" standard. The case effectively started over.

Following a second round of discovery, Patheon filed a second summary judgment. On October 29, 2015, two weeks before trial was to begin, the court granted Patheon summary judgment in full, dismissing the case.